Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86080502

Filing Date: 10/02/2013

To the Commissioner for Trademarks:

MARK: PROBASICS (stylized and/or with design, see mark)

The literal element of the mark consists of PROBASICS.
The applicant is not claiming color as a feature of the mark. The mark consists of black rectangle with white lettering and an open triangle with one side through the letter 'R' and the other side through the letter 'O'. The base of the triangle is open.
The applicant, Garden City Medical, Inc., DBA PMI, a corporation of Delaware, having an address of
      Legal Department,
      15 South Main Street
      Marlboro, New Jersey 07746
      United States


requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 010:  Medical goods, namely, patient care and safety apparatus in the nature of motorized and manually adjustable beds for home and institutional patient care for invalids and physically disabled persons, overbed tables, patient and invalid lifts, full-body slings, bed rails, mattresses for rotation therapy; orthopedic support devices for therapeutic use, namely, seating cushions, positioning rolls for patients, invalids and physically challenged persons, grab bars, tub safety bars, shower chairs, toilet safety frames adapted for patients and disabled persons, adjustable toilet seats adapted for patients and disabled persons, raised toilet seats adapted for patients and disabled persons, commodes adapted for patients and disabled persons, bathing seats, bathing benches, tub islands and tub grips; mobility equipment for medical purposes, namely, canes, cane tips, patient and invalid walkers and accessories therefor, rollators, crutches, crutch pads and tips; respiratory products for medical purposes, namely, aerosol therapy products in the nature of compressors, nebulizers and accessories, aspirators, compressed oxygen systems primarily comprised of regulators, nebulizers, nebulized compressors for respiratory therapy, patient monitoring systems primarily comprised of pulse oximeters, sleep therapy products in the nature of positive airway pressure devices and accessories.

In International Class 010, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/2000, and first used in commerce at least as early as 01/01/2000, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Mark shown as used on the packaging of home care bed for patient care and on the packaging of nebulizer.
Specimen File1
Specimen File2

       International Class 012:  Adult wheelchairs and parts and accessories for the aforementioned goods; tilt and recline mechanisms, all sold as a unit, and positioning products for wheelchairs and home healthcare use, namely, individual seat supports and back support combinations, solid seats, solid seats with fluid inserts, head supports, shoulder retractors, and support belts

In International Class 012, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/01/2000, and first used in commerce at least as early as 01/01/2000, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) digital photograph showing mark as used on the arm of a wheelchair.
Specimen File1



For informational purposes only, applicant's website address is: www.pmiusa.biz

The applicant's current Correspondence Information:

Garden City Medical, Inc.

Garden City Medical, Inc.

Legal Department       15 South Main Street

Marlboro, New Jersey 07746

440-329-6000(phone)

440-329-6975(fax)

ip@invacare.com (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /pratima ungarala/   Date: 10/02/2013
Signatory's Name: Pratima Ungarala
Signatory's Position: Associate Counsel, Invacare Corporation, parent company of Garden City Medical
RAM Sale Number: 86080502
RAM Accounting Date: 10/02/2013

Serial Number: 86080502
Internet Transmission Date: Wed Oct 02 11:24:17 EDT 2013
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2013100211241798
3547-86080502-50051cb8ae90c487d23bab7bdd
51f625b23a56dad0457b6f8653d8b5df7bd57ed0
-CC-9035-20131002104117494880